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Video: Daytona K-9 officer beats burglary suspect with a tennis racket

The Daytona Police Department said the officer did not violate any policies in a statement that offered additional context to the arrest.

Credit: Daytona Beach Police Department

Bodycam footage showed Daytona Beach officers setting a dog on a burglary suspect, hitting him with a racket, and using a taser on him.

DAYTONA BEACH, Fla. — A Daytona Beach police officer was caught on YouTube and social media video setting a K-9 dog loose on a man, beating him bloody with a tennis racket, and ultimately tasering him while he screamed.

The release of the video initially prompted multiple questions. The main one, according to reporting by WFTV, was whether the officer had violated his department's policies on use of excessive force.

But officials say that upon review, none of the officer's actions violated department policy, and according to video and a statement from the police department posted on social media, there is more to the story.

k9
The following is in response to a video that is being circulated on YouTube and Social Media: On April 8th, at 2:10 am, the Daytona Beach Police Department responded to a report of a burglary at a car dealership at 451 N Nova Rd. Per the 911 caller, a security officer at the dealership, he was actively watching a white male wearing shorts, sneakers, and armed with a tennis racket burglarize a car. Our K-9 Officer was dispatched to this call, as per the normal operating procedures for this type of in-progress felony. Upon arrival, The K-9 Officer promptly began his search and soon found the suspect near the closed service area, tennis racket in hand. The K-9 Officer identified himself and gave the suspect multiple commands to get on the ground and cooperate. Ignoring these orders and showing heightened aggression, the police K-9, Vezer, was released to assist in apprehending him. The suspect aggressively used the racket against Vezer while also kicking him, and then made attempts to choke the K-9 by wrapping both his legs and arms around the dog's neck, a potentially fatal series of actions. For those unaware, causing harm to a police K-9 is a serious felony. In his bid to save Vezer, the K-9 Officer used the tennis racket on the suspect in an attempt to get the suspect to disengage from choking the police K-9. The use of improvised weapons is allowed per policy, and in contrast to the other alternatives available, this was the safest choice for everyone involved. When this tactic did not gain compliance, The K-9 Officer had to physically disentangle his K-9 partner from the suspect's grip. As backup officers arrived, the suspect continued to resist arrest and remand non-compliant, even as the officers attempted different forms of force. Eventually, officers were able to gain compliance while utilizing different techniques to help reduce the risk of blood exposure. The suspect was arrested and charged with multiple felonies. His case is open and in progress with the State Attorney's Office.
Posted by Daytona Beach Police Department on Thursday, August 24, 2023

According to reporting from the Daytona Beach News-Journal, the original arrest report said K-9 Officer Joshua Martin was responding to a report of a burglary in progress at the Daytona Toyota car dealership on April 8 at 2:10 a.m. A security guard had called about a white man wearing shorts, armed with a tennis racket, and actively burglarizing cars near the dealership's service center.

Martin found the alleged burglar, Richard O'Donnell, near the service area, tennis racket in hand, and warned him several times to get on the ground and cooperate.

The initial arrest report stated that O'Donnell started to comply, but then took a fighting stance holding the racket like he was ready to swing it. The video showed Martin warning O'Donnell three times to get down on the ground or he would release the dog.

Bodycam footage (warning: graphic violence)

In their recent statement, police said O'Donnell refused and only got more aggressive, which is why the officer released the K-9 dog, Vezer, to help subdue him. In an attempt to protect himself, O'Donnell began kicking Vezer, hitting the K-9 dog with the tennis racket and trying to choke him by wrapping his arms and legs around his neck. All actions that police say could have killed the dog. So to try to save Vezer, the officer took the tennis racket and started to hit O'Donnell in the head and shoulders with it.

The initial arrest report did not mention Martin hitting O'Donnell with the racket, but according to the subsequent supervisory review of Martin's actions, doing so did not violate department policy.

"The use of improvised weapons is allowed per policy, and in contrast to the other alternatives available, this was the safest choice for everyone involved," the Daytona Police department said in their statement.

Police claim O'Donnell was still resisting arrest after backup arrived. The video shows O'Donnell resisting by covering his face with his hands as backup officers use tasers on him at least twice. Some of the officers stand on O'Donnell while attempting to get him to put his hands behind his back.

Ultimately, they arrested O'Donnell and charged him with multiple felonies which, according to the News-Journal's reporting, include burglary, battery against an officer, and violently resisting arrest. O'Donnell was treated at the hospital for his injuries and released from jail in June after posting a $12,000 bail.